EllEzDee said:
ph0b0s123 said:
Even the US with their free speech laws
Free speech exists the world over, besides in places where the fear of the oversized military will keep you in your place.
My comment here was in response to the press releases from the comic book defence fund, that made out that US freedom of speech laws gave more protection than Canada's. As in he would not have had a problem unless he had gone to Canada. My point was that this idea is false as the US have locked up people for the same reasons as Canada would like to lock up this guy. Hence making the same point as you (I think) that the US freedom of speech law offers no greater protections to this kind of behaviour than anywhere else.
EllEzDee said:
ph0b0s123 said:
He had no photo's only manga.
It's still child porn, and it sucks to be him when his parents find out and inevitably take a look in the basement he inhabits.
I have to disagree with you and the others with this view here. I find the idea of loli stuff pretty objectionab byle (yes, I am making the assumption he was found with loli stuff, if something like bleach, then this really stinks). But at the same time I don't think it should be treated the same as pictures of real children. For many of the reasons others have already stated here.
Short Version
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Because the below is very long, here is a quick summarization of the reasons why I problems with these laws. If you want to know why I think each of these read the more detailed part further on in the post.
-it is a victimless crime, and victimless crimes are a bit of a hard sell for me, especially if the causal link to the harm they do is sketchy.
-looking at depictions of other crimes taking place is not punished the same as this, if at all.
-just because you find certain material in the possession of a lot of people who have committed a crime, does not mean that everyone who has that material is going to commit that crime, so punishing possession of that material is too inaccurate a way of taking off the streets someone who will commit said crime.
-The definition of 'child' in these laws as being under 18's is problematic.
-An attraction to a drawing may not translate well to an attraction to the real life counterpart, especially with something like manga where some of the drawing features are rather un human looking. So someone with an attraction to a manga representation will find the real life counterpart objectionable.
-Juries are rubbish at deciding if something is child porn as they have no reference and so just assume it is if the accusation is there.
-These kind of laws distract from the fight to stop actual abuse to actual children.
Long Version
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First there not being a real victim. There are other victimless crimes out there, but none that carry the same harsh penalties as this. And those have a lot more evidence showing a causal link between the victimless crime and the potential harm that it causes, like speeding. But the problem with all these laws is that that they punish what you might do rather than what you have done, like pre-crime from the movie Minority Report, but less accurate. I do believe that people should only be punished for harm they have done rather than for harm they might do. You don't know 100% what someone will do until they have done it. I am OK with interceding a little bit earlier where you can tell that the person has a very high probability of carry out a crime, so you can save lives, but it has to be late in the day. Like the bomber just about to construct their suicide vest rather than when they were just looking at some 'bad' websites. Hence I support 'grooming' laws.
Also there is that there is no 100% proven link between consumption of drawings and actual abuse of children. Just because you find lolli owned by someone who has abused a child, does not mean that everyone who looks at lolli will abuse a child. In the same way that just because you find Koran's at lots of suicide bombers houses, does not mean that everyone with a Koran is going to blow themselves up.
I have a problem with the assumption that just because you are viewing a piece of media depicting a crime, that means that you are going to go commit that crime. We know this, as media depicting other crimes is not banned. You can watch depictions of people being murdered, being assaulted, being stolen from, defrauded, etc, all without the same kind of punishments that seeing media depicting the crime of child sexual abuse will get you. What makes the media depicting one crime different from the others?
Now child sexual abuse is one of the most awful crimes, but no worse (to my mind) than murder, yet we are exposed to murder showing media all the time. I of course support punishing to the full extent of the law producers of non-drawn child porn as they have obviously committed the terrible crime of abusing a child to create the media. They are the lowest of the low. But the media is evidence of the crime rather than something that is creating further abuse.
I think the definition of child here is also bad. Depictions of prepubescent?s, fine, as only someone deviant from human norms would find that attractive. But depictions of people over puberty, but still under 18, even normal human beings can find them attractive as they can have most of the features that make over 18's attractive. Attraction does not have an automatic detection system for when people are over 18, it is keyed to certain curves, features etc, that are not present until after puberty. Not many people want to admit this, but it does not make it any less true. The doormen at bar entrances don't always get the age of the people they are admitting 100%, but they don't get the same harsh punishment, that a non-professional who miss estimates the age of a person gets. The problem with drawings and especially manga is that quite young looking faces can be put on very adult bodies. Now if men can be attracted to girls with objectionable faces just because they have an amazing body, can't the same be true of drawings as well. This does not mean I acting on any attractions to some who looks very adult but is under the age of conscent of your country. I think most people have thought someone under 18 was physically attractive at some point, but of course have never acted on it. This is the difference between a normal person and a child abuser. The same way there is a difference between a murderer and someone who loves watching SAW type movies.
Also no seems to get that if you are attracted to something drawn that may well not translate into the real-life thing the drawing is supposed to represent. Manga characters can be very different looking to their real life counterparts, with the crazy hair colours and other features as to almost be an alien life form rather than human. And no, I am not arguing that manga drawings are of non-humans so therefore get an exception, as the attempt is obviously to represent a human. It is just that the representation is so different to real life inspiration, that an attraction to one is not guaranteed to translate into an attraction to the other. Now I base this on what I have seen of manga, I don?t know if lolli stuff is different and a more realistic representation, hence the attraction would translate better.
Finally there is also the problem in these cases, of juries? convicting on rather tame material as they have non concept of what actual child porn looks like. So they tend to take it that if the prosecution say it?s child porn, it must be as they would not know the difference. They have no scale to base their decisions on. I have no idea how to nicely solve this problem. I would not like to be on a jury who has to be educated on what child porn looks like by seeing different examples, yuck
Now you may read through this and think that I don't take the crime of sexual abuse of children and also general abuse of children, very seriously. But you could not be more wrong. I sincerely believe that this focus on the by-products of this awful crime actually take away from stopping actual children being abused in the first place. It's a distraction that makes people thing that more child abusers are being taken of the street when just as much actual abuse to real children is happening, and that is what is sad. The problem is that most of this stuff is being produced in places that have hardly any law to protect children, but is outside the jurisdiction of the places that do have laws to protect children, so they cannot get the actual abusers, just the people who have evidence of the crime taking place.
I apologise for the length of this, but there have been 10 odd pages of this thread and I am almost replying to the what I have read in the thread I started, rather than just to one person.